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floating status in bpo industry

in th e event an employee will be placed into a so called "floating status" while the company is profiling us for another post, are we still gonna get paid? are we required to get are pay if we are on a floating status since we are regular employees?

if you start working in another company within the 6 mos, that will be deemed a resignation.

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if they did, i doubt it will prosper, but he will no longer be entitled to separation pay.

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panong "no work, no pay" ang floating status? i mean, if the company asked you to do something, that's considered work, right? In this case, inutusan kang mag antay. You are waiting on their behalf, and kahit pa there's no "productive" work to speak of, inutusan ka nilang mag antay, sinunod mo, you should get paid.

“Floating status” is a stage wherein an outsourced staff is not currently doing work for any paying client but still under the active employ of the company. Since he is not doing work he is not entitle to get salary. However, an employee must be aware that he should not be placed on a floating status for more than six months. The rule is settled, that "off-detailing" is not equivalent to dismissal, so long as such status does not continue beyond a reasonable time and that it is only when such a "floating status" lasts for more than six months that the employee may be considered to have been constructively dismissed.

Thanks for the reply. Just a thought, technically, when a person gets off-detailed, there is no "productive" work to speak off, however, the employees' services is still being "reserved" by the company. And since the person is still bound under the contract of the employer, he cannot apply for another job dahil conflict of interest naman? So isnt that reason enough for the employee to ask for at least some compensation from his employer? Kasi on a theoretical and not so legal perspective, an employees' compensation is not 100% from the actual work. bayad den ng company yung loyalty, yung level of professionalism, pagsunod sa company policies, etc. yung mga ganung aspect kumbaga. In off-detailing, manual labor is not present, but, figuratively, the mind is still working for the company, so there is still work.

Im concerned that companies, specifically BPOs who like playing on the ignorance of their employees on labor issue, will use this to get rid of employees without having to give them separation pay. In truth, mahirap ma pending kahit isang buwan lang ng walang trabaho, and naturally, an employee will start thinking about getting a new job by that time, which of course will result to a voluntary resignation, hence walang severance pay. I understand the part of the employers na kung wala talaga, wala. But isnt there a law that can compel the companies to at least give employees a choice of waiting indefinitely without pay, or to accept a severance pay nalang?

Unfortunately, that is our prevailing law with regard to the “floating status” of an employee.

More often than not, in BPO industry, there are many employees whose situation is on “floating status” because of the nature of their business, they rely on the account or project of a certain client/customer. Once the client pulls out the account or if the project is already finished, the employee should wait for another assignment or project.

An employee must also read his contract of employment before signing the same in order for him to know his rights and obligations. There are BPO companies whose employment contracts discuss the provision on floating status.

If you were placed under the so-called “floating status” you are still an employee of the company, so even if you do not receive your basic salary, you are still entitled to your SSS, health care, rice and clothes allowance, etc.

Nang inemail ko ang hr, sabi nung attorney dun, still on process pa daw pero more than 2months na la pa ring result.parang pinapatagal nila para maglapse ng 1 year. november 12 ako na-floating status. more than 7 months. should i file a case now or still give them time to work it out?

If you were placed under the so-called “floating status” you are still an employee of the company, so even if you do not receive your basic salary, you are still entitled to your SSS, health care, rice and clothes allowance, etc.

good day po

what part of the labor code is this provision, I dont think my company knows this and we would like to point this out.

Good day, I hope you can give me an immediate response on this becuase time is running out on us!hehehe

we aare paid by the hour here in our office (a bpo) and last august we were placed on FLOATING STATUS. now, they are calculating our 13th month pay by the actual days we have worked which does not incluse the days we were placed on floating status...is that right? or is there any provision in the labor code that can help us that the days we were placed on floating status included on the computation? hope you can provide me with that so I can show it to my superiors

moonwind wrote:or is there any provision in the labor code that can help us that the days we were placed on floating status included on the computation? hope you can provide me with that so I can show it to my superiors

thanks and more power!

unfortunately, the 13th month pay law is clear on this.

The 13th month pay shall be in the amount not less than 1/12 of the total basic salary earned by the employee within the calendar year.

As some days (wherein you were on float status) were unpaid, therefore nothing was earned, thus excluded.